DESPITE objections from Opposition Members of Parliament on Tuesday, the constitution was amended by legislators to increase the retirement age of the director of public prosecutions (DPP) and the auditor general (AuG).
Following a debate during the sitting of the House of Representatives, which saw Opposition members speaking against the proposed adjustments in the Constitution (Amendment of Sections 96[1] and 121[1]) Act, 2023, the legislation was approved via a divide of which 37 members voted “yes” and eight said “no”.
Prior, Minister of Justice Delroy Chuck, in piloting the Bill, explained that the Constitution of Jamaica establishes a retirement age of 60 for the position of the AuG and the DPP via sections 96(1) and 121(1), respectively.
He said that the Pensions (Public Service) Act, which was promulgated in 2017, sought to, among other things, gradually increase the retirement age of public officers to 65 years.
“The Bill before this House reflects a proposal previously considered by Cabinet during the deliberations on the Pensions Bill in 2017. It was the intention of the Government to amend the constitution to give effect to the change in the age of retirement for officers so as to extend the increase in retirement age for both the AuG and the DPP,” he said.
Chuck pointed out that this was due mainly to the fact that the constitutionally established ceiling for the age of retirement for the AuG and the DPP is actually five years shorter in duration when compared to the upper limit set in the Pensions (Public Service) Act for a public officer in the civil service.
“The proposed amendment to the constitution will allow for the expansion of the term of service from 60 to 65 years, thereby addressing the inconsistency that currently exists between the two pieces of legislation and, by extension, creating a more level playing field for all,” he said.
The current DPP, Paula Llewellyn, will be 63 this September. Both she and the AuG were appointed in the same year, just a few months apart in 2008.Opposition Leader Mark Golding said he strongly objected to the constitutional amendment, which was brought to the House without prior notice, without any consultation concerning provisions to do with the appointment or extension of tenure of the DPP and the auditor general.
“In relation to those provisions, consultation with the leader of Opposition is required, whether for appointment or for extension, yet we are amending those provisions without any prior consultation,” he said.
He noted that, furthermore, the Constitutional Reform Committee, which is dealing with the reform of the constitution, “has not been seized with this matter; it has not been discussed there.”